South Australian Current Acts South Australian Current Acts129—Liability of officers of body corporate
(1) Where a body
corporate contravenes a provision of this Act, a person who is an officer of
the body corporate is—
(a)
subject to the general defence under this Part, guilty of a contravention of
this Act; and
(b)
subject to subsection (2), liable to the same penalty as may be imposed
for the principal contravention when committed by a natural person.
(2) Where an officer
of a body corporate is convicted of an offence under subsection (1), the
officer is not liable to be punished by imprisonment for the offence.
(3) Where a body
corporate contravenes a provision of this Act, an officer of the body
corporate who knowingly promoted or acquiesced in the contravention is also
guilty of contravening that provision.
(4) An officer of a
body corporate—
(a) may
be prosecuted and convicted of an offence pursuant to subsection (1) or
(3); or
(b) may
be ordered to pay an amount as a civil penalty pursuant to subsection (1)
or (3),
whether or not there has been a finding by a court that the body corporate
committed the contravention.
(5) If, in proceedings
against a body corporate for an offence against this Act or for the imposition
of a penalty in respect of a contravention of this Act—
(a)
information or a document was admitted in evidence against the body corporate;
and
(b) an
officer of the body corporate had been required to give the information or
produce the document under a provision of this Act; and
(c) the
information or document was such as to tend to incriminate the body corporate
of the offence or make the body corporate liable to the penalty (as the case
may be),
the officer of the body corporate will not be guilty of a contravention of
this Act as a result of the body corporate having been found guilty of the
offence, or liable to the penalty, in those proceedings.